View source for Re AB (Inherent Jurisdiction: Deprivation of Liberty) (2018) EWHC 3103 (Fam)

{{Case
|Date=2018/12/14
|NCN=[2018] EWHC 3103 (Fam)
|ICLR=[2018] WLR(D) 783
|Other citations=[2019] COPLR 192, [2019] Fam 291, [2019] 2 WLR 1084
|Court=High Court (Family Division)
|Judges=Gwynneth Knowles
|Parties=Hertfordshire County Council, AB
|Sentence=Inherent jurisdiction authorises DOL during conditional discharge
|Summary=AB had capacity to consent to the care, support and accommodation arrangements which were provided as part of his conditional discharge but, following the [[SSJ v MM (2018) UKSC 60|MM]] case, there was an unlawful deprivation of liberty. The High Court extended the inherent jurisdiction to regularise the position of a capacitous detained mental health patient subject to restrictions as part of his conditional discharge which satisfied the objective elements of a deprivation of liberty (firstly, it was clear that there was no legislative provision governing this situation in that the Mental Health Act provided no remedy; secondly, it was in the interests of justice; and, thirdly, there were sound and strong public policy justifications). The court order: authorised the deprivation of liberty for 12 months; required the applicant to apply to court if the restrictions increase, and no less than one month before the expiry of the authorisation; and provided for a review on the papers unless a party requests or the court requires an oral hearing.
|Detail===Citation==
Hertfordshire CC v AB [2018] EWHC 3103
|Subject=Deprivation of liberty,Inherent jurisdiction cases
|News=No
|RSS pubdate=2019/05/20 12:57:58 PM
}}
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